1887. Misbranding of chocolate candy.    U. S. v. 21  Boxes  of  Candy.    Default
decree of condemnation;   product ordered distributed to charitable in- 
stitutions.    (F. D. C. No. 3464.    Sample No. 38858-E.)
This product was deceptively packaged in that the lower layer was not filled 
to capacity, the partitions in the lower layer were higher than necessary, and 
there were two wads of tissue paper between the two layers. Moreover, 
it fell short of the declared weight and failed to meet certain other labeling 
requirements of the law.
On December 4, 1940, the United States attorney for the District of Minnesota 
filed a libel against 21 boxes of candy at Minneapolis, Minn., alleging that the 
article had been shipped in interstate commerce  on or about  November  1,
1940, by the Cosmopolitan Candy Co. from Chicago, Ill.; and charging that 
it was misbranded. It was labeled in part: "Evergreen Season's Greetings 
*    *    * . Net Weight Five Pounds."
It was alleged to be misbranded (1) in that the statement "Net Weight Five 
Pounds" was false and misleading since it was incorrect; (2) in that it was in 
package form and did not bear an accurate statement of the quantity of 
contents; (3) in that its container was so made, formed, or filled as to be mis- 
leading; (4) in that the name and place of business of the manufacturer, 
packer, or distributor, and the statement of quantity of contents required by 
law to appear on the labeling were not prominently placed thereon with such con- 
spicuousness (as compared with the other words, statements, designs, or devices 
in the labeling) as to render them likely to be read by the ordinary individual 
under customary conditions of purchase and use; (5) in that its label did not 
bear the common or usual name of the food; and (6) in that it was fabricated 
from two or more ingredients and the label did not bear the common or usual 
name of each ingredient.
On January 31, 1941, no claimant having appeared, judgment of condem- 
nation was entered and the product was ordered destroyed.    On February 7,
1941, an amended decree was entered, ordering that the candy be distributed 
to charitable institutions.